Criminal Law – Fraserhttp://www.fraserlawfirm.com/blog
The FraserTrebilcock BlogFri, 09 Feb 2018 22:05:36 +0000en-UShourly1https://wordpress.org/?v=4.9.4Attorney Brian Morley Discusses Current Criminal Legal News on Radio Showhttp://www.fraserlawfirm.com/blog/2016/02/attorney-brian-morley-discusses-current-criminal-legal-news-on-radio-show/
http://www.fraserlawfirm.com/blog/2016/02/attorney-brian-morley-discusses-current-criminal-legal-news-on-radio-show/#respondThu, 25 Feb 2016 20:50:08 +0000http://www.fraserlawfirm.com/blog/?p=3666This past weekend, six people were killed by gun violence in Kalamazoo. The alleged gunman was an Uber driver who, authorities say, has admitted to the shootings. However, the suspect is pleading not guilty in court.

While a guest on Michigan’s Big Show with Michael Patrick Shields this week, attorney Brian P. Morley was asked how an alleged criminal can say he was involved with a crime but then plead not guilty.

“The legal question will become, ‘is he criminally responsible’ for the crime, ” said Morley. “That’s why you plead not guilty at this stage.”

Morley and Shields also discussed the current television series “The People vs O.J. Simpson” and how that trial is captivating audiences now, just as it did 20 years ago.

“DNA was relatively new at the time,” Morley said. “It wasn’t as commonplace as it is now.”

]]>http://www.fraserlawfirm.com/blog/2016/02/attorney-brian-morley-discusses-current-criminal-legal-news-on-radio-show/feed/0U.S. Supreme Court Rules: Police Need Warrants for Cell Phone Datahttp://www.fraserlawfirm.com/blog/2014/06/u-s-supreme-court-rules-police-need-warrants-for-cell-phone-data/
Fri, 27 Jun 2014 16:16:59 +0000http://www.fraserlawfirm.com/blog/?p=2089Hold the phone! Your mobile device is now off limits to police without a warrant. The U.S. Supreme Court ruled unanimously on Wednesday that police must have a warrant in order to search your cell phone, refuting arguments by law enforcement that a cell phone search is similar to looking in your wallet.

The opinion states, “modern cell phones…implicate privacy concerns far beyond those implicated by the search of a cigarette pack, a wallet, or a purse.” While searches conducted without a warrant have been justified in the past in order to protect law enforcement from hidden weapons or prevent evidence from being destroyed by a suspect, that reasoning does not apply to digital data on a cell phone.

Fraser Trebilcock attorney Brian Morleyspoke with Michael Patrick Shiels on Michigan’s Big Show, noting that police may still search a suspect’s cell phone without a warrant in exigent circumstances, such as a terror threat.

“The fundamental distinction in the Supreme Court opinion, however, is that data on a cellular telephone clearly poses no threat to the health and safety of law enforcement,” said Morley. “In rendering its decision, especially a unanimous decision, the United States Supreme Court has shown that while technology continues to advance beyond anything the founding fathers could have imagined, an individual’s privacy interests remain protected.”